four the white house says president obama will visit israel, the west bank and jordan this spring marking first trip to israel as president. number three the woman in arizona who admitted in court that she killed her ex told a jury about other relationships that had gone sorrow. number the two fbi has released pictures of the scene where eaghtsz eebleg rescued. newly discovered justice department memo makes a legal case for droning american citizens overseas without charging them with a crime. and that's "the fox report's" top five. >> and on this day in 19, the mayors of rome and cart thage, to your knowledge signed a peace treaty end ago war after more than 2100 years. beef began between the wars roman republic and north african empire. by many accounts at the time it may well have been the largest conflict the world had ever seen. it perhaps is best known for

the famous military commander hand bell's attempt to ride elephants over the alps and conquer italy. the romans got the last laugh. they invaded cart thage, burned it down. covered the land in salt so no crops could grow. finally after two me lynn i can't, symbolic peace an ancient enemies hugged it out 28 years ago today. you never know. maybe on capitol hill and a couple of melinia they will be able to do something. >> bill: the o'reilly factor is on. tonight: >> we have got to stop being the stupid parity. >> i think he was stupid for using that term because that term is so obnoxious. >> bill: now republicans are fighting among themselves as president obama is trying to check mate the party once and for all. we have provocative analysis. >> do you care about murders or do you only care about murders with guns? >> i care about all deaths by

violent crime. >> i think you care about guns. i think you are obsessed with guns. >> bill: counter attack by progun americans who are apparently fed up with the gun control media. we will tell you what is going on there. >> told me about all the bad things this girl had been doing. >> a shocking situation out of southern california, a preschool closing down because of sex allegations concerning little children. is it legal is investigating and a viewer warning is attached to this story. caution, you are about to enter the no spin zone. the factor begins right now. hi i'm bill o'reilly. thanks for watching us tonight. president obama trying to check mate the republican party. that is the subject of this evening's talking points memo there are two big issues that mr. obama is using to hammer

the g.o.p. immigration and guns not about problem solving. talking points pass put forth a simple plan that would drawskly reduce gun violence in this country. has to do with federalizing all gun crimes and having very tough mandatory prison sentences for gun criminals. but you won't hear support for that coming from the democrats. instead, liberals want to make the debate about limiting firearms even though they know with 300 million guns already in circulation those limits could l. do absolutely nothing to prevent violent crime. absolutely nothing. the democrats and the president know that. likewise on the immigration front the president well understands if he secures the southern border, most republicans will agree to mainstreaming the illegal aliens that are already here at least in the workplace. that negotiation should take 90 minutes? but it won't because mr. obama will not commit to securing the border. now, i hate to be cynical. but that's what's going on.

it's about politics, not problem solving. and the president has been somewhat successful in demonizing republicans. listen to this we have got to stop being the stupid party. i'm serious. it's time for a new republican party that talks like adults. time for us to articulate our plans and visions for america in real terms. >> i think he was stupid for using that term. that term is so obnoxious and so good for the other side that he should not have used that term. that term is going to be living now with the republican party for a long time and they are going to have his face on television saying it for the next four years. >> so there is is a real division in the republican party caused by friction over how to handle complex issues like gun control and immigration. last night it it was interesting to hear conservative rock god ted new jent really level a cnn commentator. >> we are not talking about guns. >> do you care about murders or do you only care about

murders with guns. >> i care about all deaths by violent crime. >> i think you care about guns. i think you are obsessed with guns. >> no. >> 99.99% of the gun owners of america are wonderful people that you are hanging around with here today perfectly safe, perfectly harmless, wonderful, loving, giving, generous, caring people. would you leave us the hell alone? go after the nut jobs. go after the murderers because i don't know any. >> bill: that kind of straight talk is what the republican party needs. it should lay out its vision as governor jindal suggested but it should also aggressively counter attack liberal politics that are devoid of solutions. right now there is little incentive for president obama to moderate. new gallup poll for example says that in january 7' 0% of american hispanics approve of the job barack obama is doing. that number is up from 53% this time last year. and it is the immigration debate that has hispanics cheering on the president. talking points is not a

party -- i want solutions. not politics. right now we are not seeing honest debate in america. and that is hurting august of us. and that's the memo. now for the top story tonight. president obama's biggest critics is senator rand paul from kentucky. >> mr. president, don't you realize as you are piling this debt on the backs of working people that gas prices have doubled, food prices are rising at double digits and 11 million people are out of work? i want you to ask the president this when he comes up here. where the hell were the marines in libya. where the hell were the marines. no marines guarding our ambassador? i'm afraid president obama may have this king complex sort of developing. we are going to make sure that it doesn't happen. >> bill: joining us now from washington is senator paul. first of all in my talking points, do you agree the president is trying to check mate the republic party right

now? i think he is trying to avoid talking about the real subject that threatens our country and that's the debt. you don't hear anybody talking about spending or debt. they are talking about these other issues now gun control and immigration reform. both of which i think need to be talked about. but really the pressing issue of the day is the debt. and i don't hear him discussing any ways that he is willing to look at our debt. >> bill: is he not serious about the debt. his people have basically come out and said it doesn't bother them. they think with increased revenue the debt will come down or whatever. it looks to me like his strategy is working. you know, if you look at the polls, 60% approval rating overall. 70% among hispanic americans. it looks like he has you guys pinned to the wall. >> some of this is an allusion. we have an allusion of wealth in our country. but there is still great danger that we run into another crisis like we did in 2008 because the wealth is an allusion in the sense that it's built from fake money. it's built from manufacturing new money to paper over our

dents. and ultimately there were be repercussions for that. >> bill: i don't disagree with that i don't think the court of public opinion has caught up with you. the comments you heard from jindal and trump there is division on the immigration front and gun front. there is not a lot of unity in the g.o.p. rights now, you are one of the more conservative senators, people like karl rove are saying you have got to back off and bobby jindal you have got to come to the senator more. could you see that? >> it sort of depends on the issue. with immigration reform i am in favor of immigration reform. do i think you have to have border security and what i'm proposing is that we have a report eve year for five years and the reform only goes forward if we approve the report. it comes back in congress and votes on it each year. i think you could then secure the border and get conservatives to support normalizing the people who are here. so on immigration i think there is a middle position that the country is ready for.

>> bill: on gun control, the democrats and liberal media commentators are basically saying you have got to get rid of the assault rifles. you have got to get rid of a lot of these things and the republican party basically says no, we don't want that. so the casual voter is not really following the ins and outs of this, basically says there are those republicans again not looking out for the kids. that kind of propaganda works. >> i think we are farther apart on the gun issue. i think we have made some good points. even pierce morgan i think is is starting to listen a little bit. what we are talking about is that guns are used for protection. that 86% of crime is committed by people who stole their guns or bought them illegally. and that really gun control ends up affecting the price and the availability to law-abiding citizen really does nothing to deter crime. all you have to think about is how when someone goes and shoots 26 people, they don't care that there is the death penalty for doing that so laws aren't deterring them. so really what we need to do is talk about how we tried to

make schools safer and really one way i think is to allow people to defend themselves. >> bill: all right. but you see my point that the president believes that he has the republican party on the run, on the defensive. he can make the broad generalizations that we want to be humane in the immigration front would want to limit big assault rifles. nobody needs them. majority of the folks are responding to his argument. and all the polls show that. >> but when you look at polls and ask people about do you think government is overspending? three fourths of people think government. >> bill: you guys are on the right side of the spending. you know, mitt romney ran an economic campaign, senator. and it was all economics. very little of social issues for mr. romney. he got his butt kicked. even in that arena. >> but part of it is this. when you look at whether or not they thought governor romney was competent on the issue on four out of five he wins. the only thing he loses is

they liked president obama. he was likeable. that's hard to buy in a candidate. i have great respect for governor romney but president obama has his appeal. so we need to figure out how to present and have more appeal to voters but doesn't mean we have to change our positions. i think we should still be principled the party of low taxes. the party of lunid government and party and jobs. if we present it well and tell people, particularly those who are dependent now on government that big government is not their friend it causes the rising gas prices, the rising food prices. that it makes it harder for them to join the middle class because the president's big government programs cause prices to rise. if we can bring that together for people, i think people who want to move up the ladder will come to the republican party. >> bill: all right. well you are optimistic. i don't know. you are going to run for president, i think senator, aren't you? >> i don't know yet but we are thinking about it. >> bill: i know you are. all right, senator, thanks very much. we appreciate it next on the rundown, charles krauthammer will react to the conversation with senator paul. and then later, shocking story out of california.

preschool involved in a sex scandal. you will not believe this and there is is a viewer warning attached to it is it legal moments away. all stations come over to mission a for a final go. this is for real this time. step seven point two one two. rify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it. siemens. answers.

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the reason it will not come out of the senate is there are too many red state democrats who are afraid what's going to happen to them has happened 20 years ago when so many lost their seats as a result of gun control. so i think that's an issue that will not work for the president. >> on immigration i think it does work for the president. but i do think as rand paul said there is a very simple position. republicans can't take and i think will take that has tremendous appeal. that is we are quite prepared to regularize humanly legalize 11 million people here. we don't want them to suffer in the shadows. however, we just want one guarantee from the president, one guarantee. this is going to be the last 11 million. we are not going to have this 20 years from now. we were swindle dolled in 1986 when there was a promise reagan signed a bill. supposedly enforcement and ham necessity there was only amnesty. i think if republicans stick to that position, which i think is a very, very

consensual one, will command a very large majority. >> the president can easily confuse that by saying i want border patrol. look at the things that have improved since i have been president. it has. primarily the recession drove a lot of workers back and people didn't take the chance anymore. he can say lip service to just like ronald reagan did, there is no problem with that. doing what we should do down there. border patrol crossings are down, he can take that right apray from the republicans, can he not? >> what is he going to say? i'm going to give you another recession? everybody understands it's the recession that has caused a temporary. >> bill: you think everybody understands that? >> i think people understand it's a temporary lull and that there is no serious enforcement and in fact the way the president has structured his reform, legalization on day one, which will never be revoked. i think all the republicans, look, i think you are wrong in

thinking that the issues are on the democrat side. the issues are on the republican side. they simply have to articulate them and it is not that hard. now, when you are up against the president who commands the bully pulpit who can go on tv any time and who speaks with one voice, yes, the democrats have an advantage. but i think republicans have the arguments. of course, a few months after being defeated in an election a few weeks after an inauguration where everybody celebrates a new presidency, of course, they are on the defensive. of course obama's numbers are up. but this is a temporary phenomenon and i would not read any larger meaning into it. >> bill: okay. little prediction time now. let's take the gun thing first. going to be any new legislation here? anything approved by congress? >> yes. they will approve the background check expansion. they will probably not approve by a narrow margin the limit on magazine size and i don't think the democrats are even going to take a shot at

restricting assault weapons because it's got no chance. >> okay. so just expansive background checks on people. >> which everybody agrees has a the 0% approval rating which is not a big deal. i'm surprised on the magazines. i thought the magazines would probably pass but you say. >> i thought so right after newtown. but with every passing week, the passion on the issue i think subsides, people look at it rationally, and understand how many weapons magazines are out there today. and that this will make zero difference. >> zero difference, okay. on immigration do you expect the deal to get done? >> this is really a conundrum. i don't know if the president sincerely wants it or if he wants an issue? you are right. he wants to fracture the republicans. he wants to marginalize them so that he can have complete control of washington for their second term. >> win the house. >> this is an issue where there could be a fracture tureg. it will alone hinge on this. can the republicans get

themselves together to speak with one voice? if they can, they can sustain the attack. the minute they split on this, obama will exploit it and he will really trump them and they could lose -- the republicans could lose the hispanic vote for a generation, if they let that happen. >> bill: real quick, there has got to be some kind of fiscal deal also made. is that going to happen? >> i think the republicans are going to it allow the automatic cuts, the sequester to go in effect. the president had to go on television this morning. is he scared to death about that. he doesn't want the domestic cuts. and as commander and chief, is he worried about the pentagon cuts. he is now on the defensive. the republicans need to stand pat and say we're not going to lift a finger until you offer us alternate cuts in the same amount. >> bill: meaningful spending cuts to balance the budget. >> meaningful spending cuts. otherwise, they will go for the automatic cuts.

>> bill: march 1st they kick, in right? >> only way they will get a penny of cuts out of obama. it's now automatic. all you have got to do is stand pat and do nothing. >> bill: march 1st the deadline? >> march 1st. >> bill: okay. that's coming up. charles, thank you. directly ahead, the factor has learned the fbi is actively looking into what senator robert menendez was doing in the dominican republic. we will tell you about what could happen to the senator if charges of underage prostitution are proved. later, monica crowley and alan colmes also weigh in on the political ramifications of the menendez story. those reports after these messages. i you're suffering from constipation, miralax or metamucil may take days to work.

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>> bill: factor follow up segment tonight, there is federal law that says any american who travels to a foreign country for the purpose 'of engaging in any

illicit sexual conduct with an underaged person can be charged with a crime here. if convicted the fellline could face 30 years in prison. with us now mark mukasey former federal prosecutor who has investigated so-called child sex tourism cases. there is an industry that does this stuff. thailand, right? that's a destination for this. they actually run tours, right? >> you are right. you are giving it a lot of credit by calling it an industry. it's actually a bunch of sick pervert twisted people. thankfully there are also dedicated law enforcement people. >> bill: what i'm saying it's an industry. it's organized? >> you are correct. >> bill: you go on the internet. they take care of your hotel room, your flight, they it guide you around, all of that right? >> you are correct. they will deliver you right underage individuals for the purpose of committing illicit sexual crimes. >> bill: where does this take place? we know thailand is a big center where else? >> mexico, honduras, the dominican republic. i prosecuted a case about seven or eight years ago involving an individual, a former pediatrician who lost his license for pedophilia who

traveled to mexico, acapulco, tourist destination and hun honduras for the purpose of going to a hotel where he was provided with underaged boys for the purpose of having illicit sexual relations with him. >> bill: how did you find out about it? >> through the dedicated and tremendous work of the immigration enforcement agents. they brought the case to us. we investigated it. we executed search warrants. we executed search warrants at his house. we looked at his phone records, we looked at his bank records, we looked at his travel records, his airline records. ultimately we were able to convince somebody to testify against him. we got one of the underaged individuals terrible tragic story. >> bill: bring him to the united states, right? >> we brought a young boy from mexico to testify against this individual. he was an eyewitness to perverted sexual activity. >> bill: what did the doctor get? >> 30 years. >> bill: 30 years?

>> 30 years in the federal penitentiary. >> we asked for a life sentence he got 30 years. it was an effective life sentence. >> bill: the fbi, are they ones in charge of investigating these things? >> bill, any federal law enforcement agency has the jurisdiction to investigate this. >> bill: any one? d.e.a.? alcohol, tobacco and firearms if they get the tip? >> any of them can bring it to the department of justice. >> bill: do we have, active undercover people in bangkok, acapulco, do we have people working these things? >> i can't speak to undercover operations. what i can say is as far as back as 196, the federal law enforcement agencies, the federal government have dedicated people, individuals, task force teams to rooting out this problem. >> bill: okay, so we may indeed have people watching these places to see if there are americans there. because i did a series of reports when i was a younger reporter in bangkok. it's wide open. >> there correct.

>> bill: you can't -- and bangkok authorities, the cops will protect those brothels with the underaged kids because they are on the take. they are on the pad. >> i will tell you something about the dominican republic. when we went to the dominican republic to investigate crimes, these kinds of crimes, drug crimes, we didn't tell the local cops that we were there. because the local cops. >> bill: right, were working with these people. >> tip off the bad guys. >> bill: right. there is a lot of money that changes hands in this sick world. >> it happens in the poverty stricken areas. >> bill: okay. very interesting. we appreciate you coming in here, counselor, thank you very much. >> thanks for having me. >> bill: plenty as the factor moves along this even. crowley and colmes danger of the democratic party. word is there are lots of nervous people in washington. also a terrible story out of southern california. preschool closing down because of alleged sex acts by little children. viewer warning on this one. we hope you stay tuned to those reports. ask me what it's like when my tempur-pedic moves.

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>> bill: stossel matter segment tonight as we predicted there is now a move to legalize marijuana nationwide. we do not believe that will happen any time soon. because california and washington state. they washington state is looking to hire a marijuana consultant here a man who might be qualified fox business anchor john stossel. i was kidding around there. stossel. let me see your eyes. dilated a little bit. washington state wants what?

people looking for jobs. what are the cawfertions here. >> three years of consulting experience relating to the industry. >> what industry? >> the medical marijuana industry. 18 states it's legal. >> want somebody who knows about the medical marijuana industry. what else? >> quality testing, how to test for levels of thc the drug in marijuana. >> do they have to test themselves or do they -- >> supposed to know how much weed weed is needed and where how much marijuana license growers should produce. i'm glad you are laughing. >> bill: it's so stupid. >> this is what politicians do. they just don't understand the market takes care of this stuff. legalize it a guy named antonio opens up a little store and he has got it this and that the state of washington is going to pay what a hundred gram or something like that. >> bill: some pot guy to come in and say you ought to grow it over here. >> the state is not going to traffic in it as you said it's going to be individuals who get licensed by the state.

>> 18 states run their own alcohol sales. they do it badly. in pennsylvania, 40 stores manage to lose money but selling alcohol in a monopoly but they keep them open. >> bill: it's possible that colorado and washington state might. >> polices don't -- politicians don't like to get-go. >> bill: sublet it out to other people and all of this. >> right. >> bill: i don't understand this at all in the sense that why is the taxpayer, you know, going to pay 100 grand to some clown to come in and say, you know, over there we need five pounds and over here we need. this and let me have that little cigarette and i will tell you how good it is. come on. this. >> soviet union tried to do. >> bill: they did? >> with everything. the shelves were bear. they don't understand. >> bill: they can't help themselves. >> that's right. hire anybody. >> a pot caesar. >> they don't need one. >> they don't need one, all right.

now, are you happy that colorado and washington state now are on the road to hey, whatever you want? >> i don't say hey whatever you want or it's good to smoke but yes, the law is worse than the drug. >> bill: okay. >> i read your column today. and you you remind me of kerry nation. that's woman with the hat -- >> bill: show the folks. >> women's christian temperance union. >> bill: i do look like her? >> yes. >> bulldog running at the feet of jesus and barking at what he doesn't like. >> bill: did she know jesus or just running with him? >> well, you say this is going. >> bill: wanted to ban alcohol. >> you want to keep this stuff banned. >> bill: i didn't see -- say it's going to destroy america it will hurt elm. children get involved with this. >> encourage them to do this. kerry nation i don't know what she was doing. >> alcohol ban and that was as big a disaster as the drug war is.

>> she looks like she needs a martini, do you know what i'm talking about? >> one martini isn't going to put you outerspace. >> one joint isn't going to -- >> bill: that thc is real powerful now, stossel. >> they smokeless. >> bill: hey, johnny, just half, okay? >> use until they get high and use less. >> bill: you are insane. when we come right back, the most controversial story of the evening and a viewer warning. california preschool closing after a sex scandal involving little children. legal is next. [ male announcer ] how can power conmption in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. twe price. invest with confidence.

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installation starting at just $49 -- a savings of $250. adt. always there. with multiple lacerations to the wing and a fractured beak. surgery was successful, but he will be in a cast until it is fully healed, possibly sever months. so, if the duck isn't able to work, how will he pay for his living expenses? aflac. like his rent and car paymets? aflac. what about ga and groceries? aflac. cell phone? aflac, but i doubte'll be using his phone for quite a while

cause like i said, he has a fractured beak. [ male announcer ] send the lac duck a get-well card at getwellduck.com. >> bill: thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight, awful story out of southern california that comes with a viewer warning. lutheran preschool in carson, a suburb of los angeles closing this week after parents learned of alleged sexual activity between 4 and 5-year-old children. father of a 4-year-old involved said this. >> told me about all the bad things that this girl had been doing. it went down in the classroom. it went down in the bathroom. and it went down out on the playground. the two boys that have been introduced this feeling, that they don't know how to process, are still looking for

it and trying to make it happen. >> bill: with us now attorneys and fox news analyst lis wiehl and kimberly guilfoyle. we are not going to get into details but there was alleged sexual contact between a a-year-old girl and 4-year-old boys. that's the crux of the matter. the school is closing down. and let's start with the criminal stuff first. anything going on there? >> yes. we have several sources that have told us very reliable sources that have told us that the l.a. sheriff's department especially including the victims impact unit are looking at this. now, they won't confirm or deny. they are not telling us on the record that they are actually investigating. >> bill: they should tell us on the record whether they are investigating. shouldn't they guilfoyle? you are a former prosecutor. >> yeah. >> bill: shouldn't the l.a. sheriff's department go on the record as saying they are looking into possible criminal charges here? >> they should, they will. they are just choosing not to do so right now given the public nature of this offense and the allegations, especially involving children, it involves the svu special

victims unit of the los angeles county sheriff's department which will coordinate with the lada's office. >> it wouldn't be against the children they are too young. it would be intelligence. >> more than criminal negligence. it would be child abuse. allegedly looking at the civil case as well. allegedly this school new about these actions and as far as back as june of 2012. that's a long time. and they were trying to hide this from the parents. >> bill: how do we know that's true though? lodged by a lawyer who is trying to sue the school. >> had to have some basis. the fact to at least make those assertions. those are the allegations. >> bill: why do they have to have basis. here is the lawyer representing six children? >> so far. >> bill: you say they have to is some basis of that. >> you can't put statements you have to have true faith and belief there must be some kind of evidence or corroboration. >> you have to be honest here. we don't know the full details yesterday. that's why they are investigating. >> put something forth as an attorney on the skimpiest of evidence. can you say so and so told me or i think that happened without getting sanctioned,

right? >> speaking of sanctions. the california department of social services already cited the school for what they just said we could find out was sexual encounters and improper student teacher ratio. that's all we can figure out or find out now from the record. >> bill: let's be clear now the california authorities went in and investigated it already. and they found that this school, all right, religious base wasn't supervising the children properly because they didn't have enough teachers on the ground. and what else? >> teachers were apparently, allegedly napping while little girls and boys were -- there is one citation. now you have the lawyer coming in and saying it's much broader than the one citation. >> bill: tell me about the one citation. >> all it says on the record is sexual encounters and improper student teacher ratio. >> bill: so the state has now put that in writing? >> they were on notice, right? that's the problem. why was this not further investigated? why was this school still operating? right now the school is not

operating they still have their license but it may be revokdz. and the factor spoke to michael weston. you know what? they should have done something about this before. look at the problem here. >> the longer they let it go, the more liability they have. and if there is any money behind it, they are going to get scorched. >> here is the biggest part. they should investigated, find out what's going on. check and see where it did the children learn this behavior? was there anything going on at this school? >> bill: social services has got to go in and interview those children and find out what the juice was going on with the a-year-old. >> oh. >> all right, now, in alabama, y'all know that that a-year-old boy was rescued by the fbi and was being held by some nut for about 4 or 5 days. they won't say how the nut died guilfoyle. >> right. >> he didn't kill himself. if he did they would announced that so the fbi probably shot him. why won't they come out and say that. >> we took this in as breaking news yesterday as the press conference was going on.

they were reluctant to mention anything except a couple specifics. >> why? >> because right thought body is still in the bunker. the medical examiner hasn't even determined the cause of death. they have a legal situation for them to go in, storm the bunker, and open fire is what we are determining to be the facts so far as we though them. on this individual because a little boy's life. >> bill: it's okay that the authorities haven't told us. >> no, listen, they should tell us. they are being very careful because this is a high profile case. >> do you think they should tell us now. >> they should wait until the medical examiner. >> until they remove the body. >> remove the body determine it. >> bill: i only have 30 seconds. chris kyle american sniper worked for the navy in iraq murdered. okay. looks like a fairly clear cut case of some guy. there he is. another veteran. going berserk tried to steal chris' car and shot him and another man to death. >> did steal his car. >> is there anything there we don't know. >> he has a big history of

post-traumatic stress syndrome. been in the hospital for mental issues twice in the last couple of months. he had threatened to kill himself. >> and the family. >> the big question is why was he out? ties into newtown and everything like that. >> there was notice that in fact he was severely troubled. when someone says -- >> bill: we have to figure out why he wasn't kept by the state of texas. >> also he had a kdui a few months before that a lot of things. >> bill: the crux of the matter is we have to find out because this ties into newtown. >> absolutely. >> bill: why this guy was out. you guys stay on the case. >> we will. >> bill: the democratic party has some risk if the menendez investigation leads to an indictment. we'll talk about it next. all stations come over to mission a for a final go.

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>> bill: back of the book segment tonight, as we have

been reporting senator robert menendez of new jersey being investigated forever links to a very shady doctor in florida as a major contribute door to menendez and the democratic party in general. so far menendez has denied all wrongdoing. did he have to reimburse dr. solomon for two private jet flights to the dominican republic. the senator was confronted with that yesterday. >> senator, if you can explain why it took so long to pay back almost $60,000 in flights that you took with your friend. >> it unfortunately fell through t our processes didn't catch moving forward and making sure we paid. when it came to my attention that payment had not taken place, i personally paid for them. in order to meet my obligation. >> can you just answer the allegation that has been out there that you -- >> -- the smears? >> that you were were prostitutes. >> the smears that right wing blogs have been pushing since the election and that is totally unsubstantiated, it's amazing to me that anonymous,

nameless, faceless individuals on a web site can drive that type of story into the mainstream. >> bill: again, as we have said over and over senator menendez is innocent until proven guilty that should hold in the court of public opinion as well. there is is no question the whole thing could dang the democratic party. here now to analyze that our barack and hard place duo monica crowley and alan colmes. this story basically, here is where it is now. the fbi raided the guy -- the doctor's home in palm beach, florida, took out a lot of creates -- crates of stuff. this guy has donated a ton of money to big big name democrats, all right? and he even gave his house, i understand to bill hillary clinton for vacation purposes graduate as it. if this guy melgaen thinks is he going up for fraud. he can flip and say a lot of things about a lot of people. it's speculation but it is in

play. and you say? >> when the fbi comes to your place of work or to your home and raids those premises, you are in trouble. i suspect that the feds are leaning on him to try to find out what he knows. not just about senator menendez but other aspects to this case as you point out. >> do you see, this colmes, a lot of the media as we discussed with bernie goldberg last night isn't covering this. am i being irresponsible for covering. this i think there is coverage, absolutely. >> bill: i do want to be responsible here and i do sympathize with menendez if he didn't do anything particularly in the underaged deal and they have smeared him. >> he hasn't agreed to talk to the fbi. we'll don't know who he is he hasn't identified himself. >> look, menendez says he didn't do anything in that area. he didn't do anything at all. we know he tried to get away with the plane flights. that's for sure. but, so we just want to make that clear. i think the democratic party, got to be a little worried here. >> i think to say this would

hurt the party as a party is overblown. >> >> bill: if the guy flips and starts to say stuff to save his neck. >> did dom delay's problem hurt the republican party. >> i think it did. >> i think colmes is right. >> perception of corruption at the time. >> there is is a perception of corruption. >> i don't think this is going to hurt the democratic party like my colleague here dr. crowley would like it to, i don't think it's going to happen. >> bill: if he does start to speak about people that he knows, who have vacationed in his home, look, they don't come about this guy, they being the fbi melgaen but then then did he see they care. >> as long as they could get menendez for political purposes. >> this is the fbi. you go up the food chain. menendez is the chairman of the senate foreign relations committee. >> correct. >> by the way you guys, you letter writers out there, i got the joke. we don't need any foreign relations email. we have it. we got it it we digested it.

>> so bad. >> bill: that's what the fbi does. melgaen he is a punk. >> there are two things that could hurt the democratic party here. first of all if menendez is found guilty of this or arrested or becomes such a liability for the democrats that harry reid and other democrats throw him overboard, then chris cities -- chris cities gets to name replacement. the other part of this is as you point out that if the fbi can go up the food chain because the part that they are looking at is influence pedaling, allegations of corruption that perhaps senator menendez his official office to work with his donor to pass out some business favors, perhaps, to this dozier. these are the allegations, this is what is out there. if they cannot just get to menendez but perhaps to a broader net of even bigger fish like the clintons who have been known to work with this donor, then i think the democrats have a wider scandal on their hands. >> bill: i think there is

scandal here. >> guilt by association. >> bill: at this point, correct, there is no hard evans to show anything. as dr. crowley pointed out. >> that's what i have to call her. >> bill: you don't get a warrant or don't have fbi resources on a fishing expedition. >> innocent until proven guilty. wouldn't talk to the fbi and men then des who won by 19 points. >> right. i think there is something here. i don't know where, but i don't think the fbi would do this. particularly in this justice department. because holder -- holder is in charge. >> i will tell you. >> there was something really revealing. harry reid the senate majority leader was quoted as saying he says he backs menendez. >> bill: that's what investigations are for. >> right. >> wait and see. barack and hard place, everybody, factor tip of the day, chris christie talking about food. the tip 60 seconds away. ♪

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took me to when i was four years old to see the doctors. i still remember sitting up in the stands. it was loud for a little kid. so i wear the brooklyn dodger cap and i scared the gators down there. finally tonight, the factor tip of the day. whenever you hear a politician make fun of him or herself whenever you hear that you know they want your vote. on letterman last night, chris christie talked about two jokes dave told that mocked him. >> here is two that we particularly liked. first was